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subdivision (c) at any time after the 30-day period has expired, except that in that event the court
shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant
to this section, in accordance with Section 54960.5.

(c) (1) If the legislative body elects to respond to the cease-and-desist letter with an
unconditional commitment to cease, desist from, and not repeat the past action that is alleged to
violate this chapter, that response shall be in substantially the following form:

To ______________________:

The [name of legislative body] has received your cease-and-desist letter dated [date]
alleging that the following described past action of the legislative body violates the Ralph M.
Brown Act:
[Describe alleged past action, as set forth in the cease-and-desist letter submitted pursuant to
subdivision (a)]

In order to avoid unnecessary litigation and without admitting any violation of the Ralph M.
Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease,
desist from, and not repeat the challenged past action as described above.

The [name of legislative body] may rescind this commitment only by a majority vote of its
membership taken in open session at a regular meeting and noticed on its posted agenda as
“Rescission of Brown Act Commitment.” You will be provided with written notice, sent by any
means or media you provide in response to this message, to whatever address or addresses you
specify, of any intention to consider rescinding this commitment at least 30 days before any such
regular meeting. In the event that this commitment is rescinded, you will have the right to
commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code.
That notice will be delivered to you by the same means as this commitment or may be mailed to
an address that you have designated in writing.

Very truly yours,

________________________________________________
[Chairperson or acting chairperson of the legislative body]

(2) An unconditional commitment pursuant to this subdivision shall be approved by the
legislative body in open session at a regular or special meeting as a separate item of business,
and not on its consent agenda.

(3) An action shall not be commenced to determine the applicability of this chapter to any past
action of the legislative body for which the legislative body has provided an unconditional
commitment pursuant to this subdivision. During any action seeking a judicial determination
regarding the applicability of this chapter to any past action of the legislative body pursuant to
subdivision (a), if the court determines that the legislative body has provided an unconditional
commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing
in this subdivision shall be construed to modify or limit the existing ability of the district attorney

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